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JD - Your insight or opinion, if any?

CBradSmith

MegaPoke is insane
Gold Member
Sep 21, 2005
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Got from tMB. My instinct is to like the idea, but the devil's in the details. You have any thoughts?

Pretty neat concept. Bail won’t be a condition of release. Should relieve crowding and the predatory bail industry. Also means the offenders can go back to work and not get fired.

Bondsmen will be a tad unhappy doe.

http://www.latimes.com/politics/ess...own-bail-reform-law-1535485040-htmlstory.html

Gov. Jerry Brown on Tuesday signed a landmark bill to overhaul the state’s money-bail system, replacing it with one that grants judges greater power to decide who should remain incarcerated ahead of trial.

The two-year effort fulfills a pledge made by Brown last year when he stalled negotiations over the ambitious legislation, saying he would continue to work with lawmakers and the state’s top Supreme Court justice on the right approach to change the system. The new law puts California at the forefront of a national push to stop courts from imposing a heavy financial burden on defendants before they have faced a jury.

“Today, California reforms its bail system so that rich and poor alike are treated fairly,” he said in a statement.

Senate Bill 10 would virtually eliminate the payment of money as a condition of release. Under last-minute changes, judges would have greater power to decide which people are a danger to the community and should be held without any possibility of release in a practice known as “preventive detention.”

Top state officials, judges, probation officers and other proponents of the efforts lauded the new law. Co-authors Sen. Bob Hertzberg (D-Van Nuys) and Assemblyman Rob Bonta (D-Alameda) called it a transformative day for criminal justice, and a shift away from a pretrial system based on wealth to one focused on public safety.
 
I would have concerns about the “risk assessment tools” developed to determine who gets detained indefinitely without bail. Seems it could lead to higher incarceration rates and increased bias against certain classes of people. The article indicates each county is responsible for coming up with their own pre-trial risk assessment services.

I would like to see a statutory right to a bail hearing before a judge w/in 24 hours of incarceration irrespective of weekends or holidays. Would mean judges work weekends on a rotating schedule and we have to trust them to set reasonable bails including evaluating seriousness of the offense AND ability to pay....but I’m okay with that. Maybe a schedule system like we presently have with a right for a bail reduction hearing within 24 hours to address these issues.
 
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If you are considered a "non-violent" offender and cut loose without bail, what incentive do you have to show up at a hearing/trial, especially if you are a repeat offender and know you're headed to jail for a bit anyway?

Course lots of them do that anyway, so who knows.
 
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I would have concerns about the “risk assessment tools” developed to determine who gets detained indefinitely without bail. Seems it could lead to higher incarceration rates and increased bias against certain classes of people. The article indicates each county is responsible for coming up with their own pre-trial risk assessment services.

I would like to see a statutory right to a bail hearing before a judge w/in 24 hours of incarceration irrespective of weekends or holidays. Would mean judges work weekends on a rotating schedule and we have to trust them to set reasonable bails including evaluating seriousness of the offense AND ability to pay....but I’m okay with that. Maybe a schedule system like we presently have with a right for a bail reduction hearing within 24 hours to address these issues.

Thanks for your thoughts.
 
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